Brent Colyer v New Zealand Aluminium Smelters Limited [2026] NZERA 444 - flawed disciplinary process, written warning and unjustified disadvantage
Brent Colyer had worked for New Zealand Aluminium Smelters Limited as an electrician for almost 20 years. After he inspected a gantry crane without first isolating a related 35-tonne crane, NZAS investigated and issued a written warning. The ERA found the disciplinary process was unjustified and breached good faith. NZAS had blurred an informal incident investigation into a disciplinary investigation, failed to collect basic statements, allowed an uninvestigated concern about Mr Colyer's attitude toward a colleague to become central, failed to provide the correct investigation report in advance, and then accidentally gave him a draft report containing an outcomes section. Constructive dismissal failed, but unjustified disadvantage succeeded. NZAS was ordered to pay $18,000 compensation...
